First Hearing Dispute
Question 1 : Why produce a
Position Statement for the First Hearing
Dispute Resolution Appointment?
Answer: At Section 5b of
the C100 application form, it clearly states 'Do
not give a full statement, please provide a
summary of any relevant reasons. You may be asked
to provide a full statement later'
For good reason, the courts do not
want people to submit long statements full of
'allegations' and 'evidence' at this time.
Permission is needed to do this and this is
usually granted at Fact Finding or Final
Hearings, not at the First Directions Hearing.
However, there is
a convention for parties to produce a 'Position
Statement' for the first hearing. This statement
should in concise terms outline a brief overview
of your circumstnaces,any interim contact you may
be seeking and your general position on what a
final order should look like.
not need to be specific or detailed at this
stage. This helps the court and Cafcass to assess
the current situation and make recommendations
Question 2 : When
do you serve and exchange your Position
is usually accepted that position statements are
taken to court and given to the usher or
receptionist for the court on arriving 1 hr
before the hearing time. Position statements are
usually exchanged with the other side at the same
time shortly after arrival.